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(영문) 수원지방법원 평택지원 2017.05.11 2016고단2256
공무집행방해
Text

A defendant shall be punished by imprisonment for four months.

However, the execution of the above sentence shall be suspended for a period of one year from the date this judgment becomes final and conclusive.

Reasons

Punishment of the crime

On August 19, 2016, at around 21:55, the Defendant was in front of the “central apartment in f3-2 in Skinae-Eup, Skinae-Eup,” the Defendant was in front of the “central apartment” under the CF Hae-Skie 63-2, and the Defendant was required to comply with the pulmonary test by the head of the police box affiliated with the Pyeongtaek Haj Police Station D police box, and obstructed the front of the above E.

The E head of body shall be sealed in several times, and "Death shall be discarded."

“A person who commits an act that seems to be in the interest of the principal and the principal and the principal and the principal and the principal and the principal.”

Accordingly, the defendant interfered with the execution of official duties by assaulting and threatening police officers who were performing legitimate duties in relation to the prevention and investigation of crimes.

Summary of Evidence

1. Statement by the defendant in court;

1. Statement made by the police for E;

1. Application of Acts and subordinate statutes to investigation reports (booms video);

1. Relevant Article 136 of the Criminal Act concerning the facts constituting an offense and Article 136 (1) of the Criminal Act concerning the selection of punishment;

1. Where the reason for sentencing under Article 62(1) of the Criminal Act of the suspended sentence [the scope of recommendation] impedes the performance of official duties, and the extent of violence, intimidation, and deceptive scheme is minor (one month to eight months) in the mitigated area (i.e., interference with the performance of official duties and coercion) (i.e., January to eight months), the sentence as ordered shall be determined by comprehensively taking into account the following circumstances and other conditions of sentencing as shown in the records, such as the defendant's age, occupation, sex, family relationship, circumstances before and after the crime:

- The nature of the crime of this case does not correspond to that of the crime. However, the degree of intimidation is relatively minor for the defendant to commit any contingent crime under the influence of alcohol. - there is no history of criminal punishment exceeding a fine. - The defendant is against his mistake.

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